Amendment to Subsection 4 Clause Samples

Amendment to Subsection 4. 10. Subsection 4.10 is hereby amended as of the Effective Date by (a) adding the words “liquidity or” immediately before the words “or in the interpretation or application thereof” and “(whether or not having the force of law)” in Subsection 4.10(b); and (b) inserting the words “all requests, rules, guidelines, requirements or directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or any successor or similar authority) or the United States or foreign regulatory authorities, in each case pursuant to Basel III and” before the words “the ▇▇▇▇ ▇▇▇▇▇ Wall Street Reform” in Subsection 4.10(c).

Amendment to Subsection 4. 6. Subsection 4.6 of the Agreement shall be deleted in its entirety and replaced with the following:

Amendment to Subsection 4. 4. The second paragraph of subsection 4.4 is hereby amended by deleting it in its entirety and substituting the following therefor: “All voluntary prepayments of Tranche B-1 Term Loans effected on or prior to March 6, 2007 with the proceeds of a substantially concurrent issuance or incurrence of new term loans or loans under a new revolving credit facility (excluding a refinancing of all Loans outstanding under this Agreement in connection with another transaction not permitted by this Agreement (as determined prior to giving effect to any amendment or waiver of this Agreement being adopted in connection with such transaction)), shall be accompanied by a prepayment fee equal to 1.00% of the aggregate amount of such prepayments if the Applicable Margin (or similar interest rate spread) applicable to such new term loans is or, upon the satisfaction of certain conditions, could be less than the Applicable Margin applicable to the Tranche B-1 Term Loans, as of March 6, 2006.”

Amendment to Subsection 4. 2. Subsection 4.2 of the Credit Agreement is hereby amended as follows: (a) by inserting after the words "Term Loans" each time such words appear in paragraphs (a) and (b) of such subsection the words "or Tranche B Term Loans, as the case may be"; (b) by inserting after the words "the Required Term Loan Lenders" each time such words appear in paragraphs (a) and (b) of such subsection the words ", the Required Tranche B Lenders".

Amendment to Subsection 4. 18. Subsection 4.18 of the Credit Agreement is hereby amended by deleting the second sentence thereof in its entirety.

Amendment to Subsection 4. Subsection 4.4 of the Credit Agreement is hereby amended by deleting the reference to subsection 8.6(i) in the seventh line of paragraph (c) thereof and inserting in lieu thereof a reference to subsection 8.6(k).

Amendment to Subsection 4. 12(c). Subsection 4.12(c) is hereby amended by deleting it in its entirety and substituting the following therefor:

Amendment to Subsection 4. 4. The first sentence of the third paragraph of Subsection 4.4 of the Lease concludes with the phrase “and proposed uses of the Property.” There shall be a new sentence inserted between the first and second sentences of the third paragraph of Section 4.4 as follows: “The appraisers shall not separately value the Water Rights.”

Amendment to Subsection 4. Subsection 4.16 of the Credit Agreement is hereby amended by adding at the end thereof and immediately prior to the period the following: "provided, that a portion of the Revolving Credit Loans may be used to make the Restricted Payments described in, and in accordance with the terms of, subsection 7.6(a)(vi)"